'Revenge porn’ is the distribution of sexually explicit/intimate images or videos of individuals (herein after referred to as ‘Subject or Subjects’) without their consent. This explicit/intimate image or video may, as is often the case, be made by a partner of an ‘intimate relationship’ with the knowledge or consent of the Subject, or without his or her knowledge or consent.
'Revenge porn’ generally involves recording and/or uploading of sexually explicit/intimate images or videos of private sexual activity, to humiliate, intimidate, blackmail or control the subject who has broken off the relationship; or the distribution by hackers or ex-lovers seeking profit or notoriety. ‘Revenge porn’ can have a devastating and deeply traumatizing effect on its victims. ‘Revenge porn’ is also known as ‘nonconsensual pornography’ or ‘image-based sex abused’. Statistics has shown that females are the major victims of ‘revenge porn’. Thus, ‘revenge porn’ is considered by some activists as “gender based sex abuse”.
‘Revenge porn’ is often accompanied with information sufficient to identify the pictured or videoed subject such as- names, location, social media profiles, workplaces, etc. Thus, exposing the subject to various forms of discrimination, negative publicity, Cyberstalking, ‘forced exile’, ‘melt downs’, etc. and unfortunately suicide. This type negative publicity can also cause the victim to lose his/her job or remain perpetually unemployable.
With the internet now distant by just a click, there has been a surge of viral private intimate pictures or videos of ‘ex-lovers’ and unwitting victims trending on social media platforms, targeted at humiliating or causing emotional distress to the victims. The very unpopular Miss Anambra, Chidinma Okeke’s sex scandal is another dimension to ‘revenge porn’. This greatest undoing falls outside the pinions of ‘freedom of expression’ and is an obvious infringement on the ‘privacy rights’ of the subject- which is actionable in civil and/or criminal court.
REMEDIES
In Nigeria, victims of ‘revenge porn’ can seek redress in court by suing for infringement of their Right to Privacy as enshrined in Section 37 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
Nigeria is yet to have a specific legislation criminalizing ‘revenge porn’. The Cybercrime Act, 2015 did not capture ‘revenge porn’ in its provisions. The Act in Section 23 (1) and (2) provides for “child pornography” and “…distribution of unsolicited pornographic images to another computer….”
Nigeria can take a leaf from other jurisdictions. For instance, in the UK, the Criminal Justice and Court Act, 2015 specifically criminalizes ‘nonconsensual pornography”. Section 33(1) of the Act provides that “it is an offence for a person to disclose a private sexual photograph or film if the disclosure is made without the consent of an individual who appears in the photograph or film, and with the intention of causing that individual distress.”
In California for instance, one Noe Iniguez was sentenced to one year in jail and 36 months of probation after he was found guilty of breaking the ‘revenge porn’ law. Noe Iniguez had posted naked photos of his ex-girlfriend on her employers Facebook page along with some derogatory comments.
Civil actions can also be maintained in tort, infringement of privacy, public disclosure of private fact, breach of confidence and trust, infliction of emotional distress, etc. against the perpetrator of revenge porn.
In February, 2014 a woman (who sued anonymously) in Texas instituted a suit against her ex-boyfriend for posting video and photos of her in the internet without her consent. She went home with a US$500,000 settlement.
Victims of ‘revenge porn’ can, where there exist strong Data Protection Regulation, request from Data Controllers or Processors, that such images or videos including links thereof be erased. Proceedings for “Take Downs” can also be commenced.
Also, individuals who took the pictures (nude or semi-nude selfies) or videos themselves can bring action for copyright infringement against the person who uploaded same as revenge porn.
CONCLUSION:
With the recurrence of this form of abuse, there is urgent need to criminalize ‘revenge porn’ in Nigeria. It is submitted that the Cybercrime Act, 2015 be amended to include specific provisions to criminalize ‘revenge porn’. ‘Revenge porn’ should not be seen as a mere ‘communication offence’ but as a ‘sexual offence’.
Like rape victims, ‘revenge porn’ victims should be accorded the same sympathy and their abusers should be given the “sex offenders status”. Victims of this form of abuse are also encouraged to make bold and legally fight their abusers.
Again, our justice system should support victims of this kind of abuse by granting them some form of ‘anonymity’. The police should be well educated and civil when taking complaints from victims of sexual abuses of all kind.
Finally, as a people, we must change our ‘victim blaming’ mentality and say no to ‘revenge porn’.
Harvey Anyalewechi, Esq. has bias for Technology, IP, Cyber and Privacy law. He can be reached via lordharveys@gmail.com
SpruceLegal™ Series.
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